International Trade & National Security

Global and domestic organizations face a daunting range of laws and regulations affecting how they conduct business. Whether identifying new compliance risks, assessing the viability of the supply chain, managing cross-border due diligence for multiple investments, or dealing with cybersecurity issues, companies navigate complex and sometimes inconsistent requirements in an effort to maintain a strong global footprint. The ever-changing landscape of regulatory requirements presents companies with ongoing compliance challenges requiring timely, in-depth analyses.

Morgan Lewis understands these requirements and advises clients on how to manage their myriad obligations in a cost-effective, efficient, compliant and, where needed, business-friendly manner. Across all industries—from defense to aerospace, to telecommunications, technology, and financial services—we help clients move product, people, and technology in alignment with regulatory obligations.

WHAT WE DO

Our lawyers advise clients on all aspects of internal investigations, resolution of enforcement matters, and government investigations involving international trade and national security issues. With a cross-border team of professionals who understand the intricacies of navigating global investigations, we help clients investigate and resolve matters under US export and import laws, including—but not limited to—International Traffic in Arms Regulations (ITAR), Export Administration Regulation (EAR), and Office of Foreign Assets Control (OFAC) regulations.

We routinely counsel clients on due diligence, licensing, compliance, and national security issues affecting the movement of products, technology, and people engaged in activities subject to regulation. We focus on cross-border investments and related regulatory due diligence before the Committee on Foreign Investment in the United States (CFIUS) and have handled more than 70 submissions to the committee within the last few years alone. Our team understands the scope and ever-evolving issues of concern to the national security community, and our consistent and proactive engagement with relevant stakeholders continuously refines our knowledge and counsel.

Our lawyers also address import enforcement and US Customs and Border Protection requirements, as well as advise on managing compliance requirements within the United States and across jurisdictions.

Given our team members’ diverse backgrounds in military service and prior employment with the US Department of Defense (DOD), US Department of Commerce (DOC), and several private-sector defense companies, we are well-positioned to balance US government equities and business considerations in a pragmatic, focused way that achieves our client objectives.

Select Matters Handled By Our Lawyers

Conducted extensive, cross-border internal investigations for a major US defense company and assisted in the preparation and resolution of more than 30 voluntary disclosures involving violations of the ITAR

Investigated and prepared voluntary disclosures for academic institutions and quasi-governmental organizations regarding the unauthorized transfers of controlled technical data to foreign persons located in the United States and abroad

Conducted comprehensive regulatory due diligence for a $4 billion acquisition in the software space

Conducted regulatory compliance and investment due diligence in a merger and acquisition for a top 100 defense company that resulted in a CFIUS filing and close out without mitigation

Conducted due diligence, CFIUS filings, and resolution of a cross-border transaction for a Fortune 500 submersibles company

Developed EAR de minimis decision tools and assisted Fortune 500 US and foreign companies to complete comprehensive de minimis calculations that substantively affected the companies’ ability to market, sell, assemble, and manufacture across the globe

Investigated and resolved a criminal and civil investigation by three US government agencies (DOC, State, and Treasury) alleging violations of EAR, ITAR, and OFAC regulations by a Fortune 500 company

Successfully negotiated and resolved six different consent agreements before the US Department of State

Conducted 12 ITAR export compliance audits of the US and foreign operations of a top 10 US defense company

Developed export compliance procedures, conducted export training, and completed export audits for a global manufacturer of electronic instruments used in the aerospace, power, process, and industrial markets

Assisted clients in investigation, preparation, and submission of filings, including requests for exceptions with the DOC related to Section 201 solar panel investigations

Assisted clients in the investigation, preparation, and submission of filings with the DOC related to the Section 232 aluminum and steel determination

Advise US and foreign technology and aerospace clients on the implications of the Section 301 investigation into Chinese technology transfer, intellectual property, and related governmental practices that may affect US industries